O'Brien v. . Glenville Woolen Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department,, affirming a judgment determining the rights of several attaching creditors entered upon the decision of the court at Special. Term; also appeal from order of said General Term, affirming an order of Special Term continuing the action in the name of the present plaintiff.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department,, affirming a judgment determining the rights of several attaching creditors entered upon the decision of the court at Special. Term; also appeal from order of said General Term, affirming an order of Special Term continuing the action in the name of the present plaintiff. This action was brought originally in the name of John Orser, late sheriff of the city and county of Hew York, to determine the rights of several attaching creditors as hereinafter specified. The defendants, the Glenville Woolen…
1Opinion of the Court
Allen J.
Section 237 of the Code authorizes an action by the sheriff to collect any notes or other evidences of debt,, and the debts that may have been seized or attached under a warrant of attachment. It follows that the sheriff could have had an action against Ripley & Cameron for the subscriptions to the capital stock of the Glenville Woolen Company. Actions having been brought by the company before the service of the attachments, it was his right to assume the prosecution of those actions and carry on the same, either in his own name or the name of the original plaintiff. By section 238,…
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